Forum Home → Discussion → Housing costs → Thread
Housing Benefit to Universal Credit
Hi,
I would be grateful for advice on the following.
I maybe mistaken, but I believe that if someone is receiving HB and their change of circumstance is only that they have moved address within the same HB local authority area, they should continue to be entitled to and be paid HB rather than having to claim UC.
Is this correct? If so, what is the supporting regs.
Thanks.
The reason why it stops when they move to a new LA area is that they have to make a new claim with the new LA - and this isn’t possible due to the usual UC block against new legacy claims.
In your situation there is nothing that causes their existing claim to stop - they’re just reporting a CiC to their existing claim. If you challenged the LA on this they would quickly find there wasn’t any legislative basis for them to stop the claim (i.e. it’s the absence of regs to stop, not the presence of regs for HB to continue that’s at issue).
One exception would be if this was a move from temporary or supported accommodation to permanent.
It’s more a case of there not being any regulations that say HB has to end, so why would it?
The legal framework for phasing in UC is:
- Any working age person may claim UC if they wish: multiple WRA 2012 commencement orders
- New claims may no longer be made for legacy working age benefits including working age HB for general needs accommodation: Reg 6A of the UC (Transitional Provisions) Regs 2014
- it is not possible to be entitled to a legacy benefit (including general needs HB) if you are entitled to UC: Reg 5 of the same Regs
- HB must terminate if you make a claim for UC: Reg 8 of the same regs
- HB must terminate if you form a couple with a UC claimant: Reg 7 of the same
None of that happens if you move between properties in the same LA area while currently on HB. you don’t need to make a new claim for HB, you aren’t entitled to UC, you are not claiming UC, you are not shacking up with a partner on UC.
P.S. Valder snap, great minds ...
I always like to quote the official guidance in these circumstances, in case those working in HB Depts have any doubts.
Paras 9 and 10 of HB Adjudication Circular A7/2018 - https://www.gov.uk/government/publications/housing-benefit-adjudication-circulars-2018/a72018-universal-credit-full-service-areas-guidance-for-local-authorities:
Change of address within an LA area
9. If an existing HB claimant moves home within the same LA area, a new HB claim is not required and LAs may continue to award HB based upon the change of circumstances. A claim to UC is not needed if the claimant moves house within the same LA area.
10. It is only when a claimant moves out of the LA boundary that an HB award ends and a new HB claim would have to be made but is prevented by the UCFS rules. This means that a UC claim must be made for housing costs instead.
Think that’s a pretty clear statement?
Thank you. Comprehensive.
Thanks for this. Appreciated
a Q just occurred to me reading this thread.
if a client was on income related ESA but no hb, then went into supported/exempt housing they could make a new hb claim.
if they then moved from that into a standard tenancy in the same local authority, would they have to claim uc?
it looks to me like the answer would be yes but is that right?
a Q just occurred to me reading this thread.
if a client was on income related ESA but no hb, then went into supported/exempt housing they could make a new hb claim.
if they then moved from that into a standard tenancy in the same local authority, would they have to claim uc?
it looks to me like the answer would be yes but is that right?
HB stops if somebody moves from TA to permanent while they’re getting UC (because then they fall outside the exceptions that allow them to receive HB while they’re getting UC), but otherwise there’s nothing to stop HB, so it can continue (with a COA). So in your example, no, they can continue to claim HB and do not “have to” claim UC (with the usual reminder that nobody has to claim UC; it’s just that sometimes the alternative is even worse).
a Q just occurred to me reading this thread.
if a client was on income related ESA but no hb, then went into supported/exempt housing they could make a new hb claim.
if they then moved from that into a standard tenancy in the same local authority, would they have to claim uc?
it looks to me like the answer would be yes but is that right?
HB stops if somebody moves from TA to permanent while they’re getting UC (because then they fall outside the exceptions that allow them to receive HB while they’re getting UC), but otherwise there’s nothing to stop HB, so it can continue (with a COA). So in your example, no, they can continue to claim HB and do not “have to” claim UC (with the usual reminder that nobody has to claim UC; it’s just that sometimes the alternative is even worse).
cheers, think I just got myself confused there by applying some of the info here to a different scenario.
Some local authorities disagree with that. I think they are wrong, but their reasoning is:
- Reg 6A of the UC(TP) Regs allow a claim for HB to be made “in respect of” TA/specified accommodation
- Therefore any award resulting from that claim can only be i.r.o. such accommodation
The problem with that argument is that the claim ceases to exist once it has been decided, and then you have an HB award. The claim has done its job now and we can forget about it. The award continues until the claimant either ceases to satisfy the HB entitlement conditions (win lottery, appointed CEO of multinational corporation) or undergoes one of the UC-related events in which HB must terminate under the Regs I referred to earlier. Moving from TA/spec to gen needs wouldn’t come into that category. That’s my view, but I expect the issue will find its way to the UT one of these days.